PFAS and TSCA – The OMG Reporting Hoop the Hoops
In late September, the US EPA finalized its reporting and recordkeeping requirements for per- and polyfluoroalkyl substances (PFAS) under the Toxic Substances Control Act (TSCA). The significance of this rule cannot be overstated. Specifically, any entities who imported or manufactured PFAS or PFAS-containing articles of commerce since 2011 must report information on PFAS uses, production volumes, disposal, exposures, and hazards.
The final rule includes 41 additional PFAS bringing the total to 182 PFAS. Furthermore, the US EPA has recently determined that at least 1,462 PFAS will be subject to the TSCA requirements. Under the final rule, with some timing exceptions for smaller entities, PFAS manufacturers and importers have 18 months from October 11, 2023, to report the required PFAS information to US EPA.
In response to public comments, the US EPA updated the cost impacts and anticipates that small businesses will incur almost $900,000 in costs for the one-time reporting.